Home/D. New Jersey/Lyons v. Construction Specialties, Inc.

Lyons v. Construction Specialties, Inc.

112 F. Supp. 317, 97 U.S.P.Q. (BNA) 398, 1953 U.S. Dist. LEXIS 2766
District Court, D. New Jersey·Decided May 25, 1953·No. Civ. A. No. 519-51·Published·Cited by 1 cases

Opinion

MODARELLI, District Judge.

George W. Lyons, owner of United States Patent No. 2,174,989 for a cellar closure called a “Hatchway,” brings this action for infringement against John Murray, Michael Murray, and Bernard Murray, a partnership, doing business as Seaboard Metal Products Co., for making and selling cellar doors to defendant, Construction Specialties, Inc. The latter is joined for selling these doors to the building trade.

Two types of doors made and sold by defendants are involved. The first, denoted as Exhibit D or D-7, is said to infringe Claim 4 of plaintiff’s patent. The second, denoted as Exhibit E or D-8, is said to infringe Claims 2 and 3 of plaintiff’s patent. The claims in issue are set forth in the margin.1 Reproductions of these exhibits are included herein. Better procedure requires a consideration first of the question of validity of plaintiff’s patent. Sinclair & Carroll Co., Inc. v. Interchemical Corp., 1945, 325 U.S. 327, 330, 65 S.Ct. 1143, 89 L.Ed. 1644.

Plaintiff’s patent is for a cellar hatchway of sheet metal. Its two doors rest on a wedge-shaped frame, the angular side walls of which account for its slope. The frame [321] is open on the top surface and flanges bend upward at the opening. The doors which open outward from the center of the frame opening have downwardly turned flanges at their perimeters. The downward flange on th.e doors and the upward flange on the frame at the opening provide a watertight closure which prevents the seepage of water through the hatchway. Lyons’ figures which were filed with the Patent Office are reproduced to illustrate the construction of the hatchway.

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Lyons v. Construction Specialties, Inc., 112 F. Supp. 317, 97 U.S.P.Q. (BNA) 398, 1953 U.S. Dist. LEXIS 2766 (D.N.J. 1953).

112 F. Supp. 317 (Lyons v. Construction Specialties, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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